Hi all! So I recently accepted an offer for a new grad program and So far I have been thrown in the fire to take patients on my own due to short staffing. Overall I feel that I am not where I am suppose to be in regards to training. Given access to medication and charting so late in my training truly placed me behind and was not able to take advantage of those days I was on the floor.
My contract or agreement states that I must remain with my unit for 12 months and another 12 months with the company. So my questions:
1. Can they report me to the nursing board if I do break my contract?
2. Will they take me to court if I do not repay them in full at once?
Also, one month in with this program, does that still make me a new grad? And can I still apply as a new grad?
So does that mean I wont qualify as a new grad if I do decide to leave the hosp im currently at and purse another hosp new grad program?
If they did not give you a sign on bonus, what does your contract say you're required to pay for if you resign? Labor law trumps contract law, employers cannot make employees pay for training. Contact your state department of labor, they can explain to you how state employment laws supercede contract laws.
I think Im more worried about the new grad program with the new hospital being that Im already working under my lic as what most stated here that I no longer qualify on that end.
Have you called HR at the new hospital and asked?
You can just ask if you would be considered for the new grad position with X number of months orienting at another facility.
But they may see breaking the first contract as a sign that you would leave there soon as well.
If the old facility tried to get me to pay and they had not given me the amount of time with a preceptor as promised, I would fight it.
...employers cannot make employees pay for training. Contact your state department of labor, they can explain to you how state employment laws supercede contract laws.
I don't think that this is making the employee pay for training as much as it is the employer recouping the cost of training a new employee.
I don't think that this is making the employee pay for training as much as it is the employer recouping the cost of training a new employee.
Recouping the cost and making the employee pay for training means the same thing, I doubt the hospital is going to use semantics if they are investigated by the department of labor.
Recouping the cost and making the employee pay for training means the same thing, I doubt the hospital is going to use semantics if they are investigated by the department of labor.
Gordon filed a lawsuit alleging that the City's action violated the federal Fair Labor Standards Act. Specifically, Gordon alleged that there was no legal difference between deducting the entire sum from her paycheck and directly demanding payment of the sum after receiving her paycheck. Both resulted in a negative sum for her last week of work and therefore violated the minimum wage requirement of the FLSA.
The district court disagreed and held that the issuance of a paycheck exceeding the minimum wage amount complied with the FLSA and that the subsequent demand was, indeed, a distinction with a difference. On appeal to the Ninth Circuit, the Court agreed and held that the City was free to both deduct a portion of the training costs and seek repayment of the remaining training costs as an ordinary creditor†and that the agreement to repay the training costs did not constitute a kick-back under the FLSA.
If they did not give you a sign on bonus, what does your contract say you're required to pay for if you resign? Labor law trumps contract law, employers cannot make employees pay for training. Contact your state department of labor, they can explain to you how state employment laws supercede contract laws.
From what I remember, the payment if broken will be prorated. I dont recall seeing a set amount that is required to be paid back if I was to break it. I will call my state dept of labor and inquire with them. Thank you!
I was supposed to pay back a prorated amount after I broke my two year contract at my first job, but my employer never came after me for it, and I certainly didn't volunteer. I do know people who have had to pay their contracts back, though.
Here's the beautiful thing about contracts: They spell out what recourse is available to each party should one party not fulfill their obligations.
Can they report me to the nursing board if I do break my contract?
Contractual obligations with an employer are not the purview of the BRN.
Will they take me to court if I do not repay them in full at once?
Will they? Nobody knows but them. Could they? Certainly they have that option if you do not meet your obligations under the terms of the contract. As I said, the contract almost certainly addresses recourse... and quite possibly puts the onus of their legal fees on you if you lose in litigation.
The good news is that very few organizations want to incur the costs associated with litigation. What they want is for you to fulfill the obligations to which you agreed and they are likely willing to negotiate a settlement outside of a courtroom.
Quite likely, if you offer to return the monies that they've paid you, along with a reasonable fee for their other costs and for wasting their time, you can find terms to dissolve the contract.
My initial reaction is, you signed a contract so do what you agreed to do.
Regardless, you *need* an attorney if you're considering breaking a contract. An attorney wrote the contract and an attorney will be advising and representing them. Don't be a fool and asking anonymous people on the internet for advice. The very structure of your questions indicates to me that you're in over your head. Get a lawyer... that's why they exist.
Also, one month in with this program, does that still make me a new grad?
Nope.
And can I still apply as a new grad?
"Can?" Sure, you can.
Will you be considered? Maybe, but not in many NG programs.
Will you be competitive, given your possible actions with your present employer? Probably not, unless there is a dearth of competitive candidates. Jumping as you're considering renders you damaged property in the eyes of many.
Frankly, 4 weeks in, you're in no position to judge your employer. My advice is to suck it up and hold up your end of the agreement.
And in the future, be very, very thoughtful about the terms of a contract to which you agree. Contracts are no joke.
I was supposed to pay back a prorated amount after I broke my two year contract at my first job, but my employer never came after me for it, and I certainly didn't volunteer. I do know people who have had to pay their contracts back, though.
Be careful. Have a friend that 6 years out is showing as a charge off in collections on her credit report. And she had tried to have it taken off if her credit report. Won't happen. In fact they told her will remain active until 11/19 😲
dishes, BSN, RN
3,950 Posts
If they did not give you a sign on bonus, what does your contract say you're required to pay for if you resign? Labor law trumps contract law, employers cannot make employees pay for training. Contact your state department of labor, they can explain to you how state employment laws supercede contract laws.